Howard Thomas Douglas v. State

ACCEPTED
03-14-00605-CR
4510750
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/16/2015 1:18:16 PM
JEFFREY D. KYLE
CLERK

CAUSE No. 03-14-00605-CR

IN THE COURT OF APPEALS FILED IN
3rd COURT OF APPEALS
FOR THE THIRD COURT OF APPEALS DISTRICT AUSTIN, TEXAS
AUSTIN, TEXAS
3/16/2015 1:18:16 PM
JEFFREY D. KYLE
Clerk
HOWARD THOMAS DOUGLAS,
Appellant,

VS.

THE STATE OF TEXAS,
Appellee.

On appeal from Cause No. D-1-DC-12-900059,
in the 331 st Judicial District Court,
Travis County, Texas

APPELLANT'S SECOND MOTION FOR
EXTENSION OF TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Appellant, Howard Thomas Douglas, and files this Second Motion for

Extension of Time to File Appellant's Brief, and in suppmi thereofrespectfully shows this Comi

the following:

APPELLANT SEEKS EXTENSION OF TIME TO FILE BRIEF

1. Appellant is appealing his conviction in the 331 st Judicial District Comi of Travis

County, Texas, for the felony offense of securing execution of a document by deception.

2. Appellant's Brief is due to be filed on March 16,2015.

3. Trial lasted one week and resulted in five volumes of testimony and six volumes

of exhibits, and Appellant's counsel needs additional time to review the testimony and evidence,

and to conduct additional research and organize the arguments on behalf of Appellant. Given the

nature of the issues expected to be asserted on appeal in this matter, Appellant's counsel

DEFENDANT'S SECOND MOTION TO EXTEND TIME TO FILE BRIEF PAGEl
respectfully submits that justice would be best served by allowing Appellant's counsel additional

time in which to prepare Appellant's Brief. For example, Appellant anticipates asserting as one

of his arguments on appeal that the evidence was not legally sufficient to support the jury's

verdict of guilty. Appellant's counsel needs additional time to review all of the testimony and

the exhibits in order to present a thorough analysis of such evidence to this Court.

4. Appellant respectfully moves this Court for an extension of thirty (30) days

in which to file Appellant's Brief. See Tex. R. App. P. 10,5(b), 38.6(d), making Appellant's

Brief due on April 15, 20 15.

5. State Does Not Oppose Extension. Appellant's counsel confeiTed via telephone

with Ms. Angie Creasy, counsel for the State of Texas, on March 16, 2015, regarding the merits

of this Motion, and Ms. Creasy stated that the State does not oppose Appellant's motion to

extend time to file Appellant's Brief.

II.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court to grant

Appellant an extension of thirty (30) days in which to file Appellant's Brief, making the Brief

due on or before April 15, 2015. Appellant fmiher seeks such other relief to which he may be

entitled, at law or in equity.

DEFENDANT'S SECOND MOTION TO EXTEND TIME TO FILE BRIEF PAGE 2
Respectfully submitted,

/S/ Craig M. Price
Craig M. Price
State Bar No. 16284170
Hammerle Finley & Scroggins Law Finn
2871 Lake Vista Dr., Suite 150
Lewisville, Texas 75067
Tel: (972) 436-9300
Fax: (972) 436-9000
Attomey for Appellant

CERTIFICATE OF CONFERENCE

I certify that Appellant's cuiTent counsel conferred via email with Ms. Angie Creasy,

counsel for the State of Texas, on March 16, 2015, regarding the merits of this Motion, and Ms.

Creasy stated that she does not oppose Appellant's Second Motion to Extend Time to File

Appellant's Brief.

/S/ Craig M. Price
Craig M. Price

CERTIFICATE OF SERVICE

This is to ce1iify that on March 16, 2015, a true and con·ect copy of the above and

foregoing document was served on the District Attomey's Office, Travis County, PO Box 1748,

Austin, Texas 78767, bye-service.

/S/ Craig M. Price
Craig M. Price

DEFENDANT'S SECOND MOTION TO EXTEND TIME TO FILE BRIEF PAGE3